February 109, 20121

Placer County APCD 301 - 1 Rules and Regulations

RULE 301

NONAGRICULTURAL BURNING SMOKE MANAGEMENT

Adopted 02-10-11

(Amended 02-09-12)

CONTENTS

100 GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

200 DEFINITIONS

201 ALLOWABLE COMBUSTIBLES

202 BURN BARREL

203 COMBUSTIBLE

204 CONSTRUCTION–DEMOLITION DEBRIS

205 DISALLOWED COMBUSTIBLES

206 FIRE HAZARD REDUCTION BURNING

207 FIRE PROTECTION AGENCY

208 FLAMMABLE

209 INCINERATOR

210 NO-BURN DAY

211 OPEN BURNING OR OPEN OUTDOOR FIRE

212 PERMISSIVE BURN DAY OR BURN DAY

213 PROCESSED OR TREATED WOOD AND WOOD PRODUCTS

214 RECREATIONAL OR COOKING FIRE

215 RIGHT-OF-WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE 

BURNING

300 STANDARDS

301 PROHIBITIONS ON OPEN BURNING

302 ALLOWABLE COMBUSTIBLES

303 FIRE HAZARD REDUCTION BURNING IN COMPLIANCE WITH LOCAL ORDINANCE

3043 BURN PERMITS

3054 BURN PERMIT VALIDITY

3056 BURN DAYS

3067 VEGETATIONMATERIAL PREPARATION AND DRYING TIMES

3078 APPROVED IGNITION DEVICES

3089 WIND DIRECTION

3109 DETERMINATION OF AMOUNT BURNED DAILY

310 FIRE HAZARD REDUCTION BURNING IN COMPLIANCE WITH LOCAL ORDINANCE

311 MECHANIZED BURNER

312 OPEN BURNING CONDUCTED BY PUBLIC OFFICERS

313 RIGHT OF WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE 

BURNING

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT APPLICATION INFORMATION

402 FIRE AGENCY DISCLOSURE

4023 REVOCATION OF A BURN PERMIT

4034 BURN PERMIT FEES
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Rules and Regulations 301 - 2 Placer County APCD

500 MONITORING AND RECORDS

501 BURN REPORTS

100 GENERAL

101 PURPOSE: To establish criteria for the disposal of vegetation fromwood waste, fire 

hazard reduction burning, mechanized burners,; to provide for fires set or permitted by 

public officers, and right of way clearing, levee, ditch, and reservoir maintenance,; and to 

establish criteriato better manage smoke non-agricultural burningin order to manage 

smoke and to reduce its affectseffects.

102 APPLICABILITY

102.1 Geographic: The provisions of this Rule shall apply to all burning located within 

Placer County except where otherwise prohibited by a local jurisdiction.

102.2 Except as provided in the rules of Regulation 3, no person shall use open 

outdoor fires (including the use of a burn barrel) for the purpose of disposal or to 

burn any material combustible.

103 EXEMPTIONS

103.1 Rule Exemptions

103.1.1 Burning conducted pursuant to Rule 302, AGRICULTURAL WASTE 

BURNING SMOKE MANAGEMENMANAGEMENTT is exempt from 

this Rule.

103.1.2 Burning conducted pursuant to Rule 303, PRESCRIBED BURNING 

SMOKE MANAGEMENTMANAGEMENT is exempt from this Rule.

103.1.3 Burning conducted pursuant to Rule 304, LAND DEVELOPMENT 

BURNING SMOKE MANAGEMENT is exempt from this Rule.

103.1.4 Burning conducted pursuant to Rule 305, RESIDENTIAL ALLOWABLE 

BURNING is exempt from this Rule.

103.1.5 Burning conducted pursuant to Rule 306, OPEN BURNING OF NONINDUSTRIAL WOOD WASTE AT DESIGNATED DISPOSAL SITES is 

exempt from this Rule.

103.2 General Exemptions

103.2.1 Fire Hazard Reduction Burning Public Officer Waiver: If a Public 

Officer with jurisdiction determines that a condition exists in which a 

fire hazard or health hazard will have an imminent effect on life or 

property, he/she may waive the requirements of this Rule, providing 

that a written report of such burning shall beis forwarded to the APCO 

stating why life and property were being threatened to the extent 

necessary to require such burning. The report shall provide other 

information as the APCO may reasonably require.

103.2.2 Recreational or Cooking Fire: A recreational or cooking fire, as 

defined, is exempt from the provisions of this rule, provided that the fire 

is not used for waste disposal purposes. Only allowable combustibles 

and clean, unpainted, untreated lumber can be burned.
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Placer County APCD 301 - 3 Rules and Regulations

103.2.3 American Flag: The burning, in a respectful and dignified manner, of 

an unserviceable American flag that is no longer fit for display.

103.2.4 Open Burning Conducted By Public Officers: : Burning conducted 

under Section 312, subsections 312.3, 312.4, 312.7 are exempt from 

Rule 301. Subsection 312.1, 312.2, 312.5, and 312.6 is exempt from 

Section 300 except for Section 303.

103.3 Exemptions, Minimum Drying Times

103.3.1 The burning of standing green vegetationve material which is part of 

right-of-way clearing, levee, ditch, and reservoir maintenance burning 

is exempt from Section 3067 when such vegetation may need to be 

burned green.

103.3.2 The APCO may grant an exemption to the drying times specified in 

Section 3067 if the denial of such burning would threaten imminent and 

substantial economic loss.

200 DEFINITIONS (Unless otherwise defined below, the terms used in this Rule are defined in Rule 

102, DEFINITIONS.)

201 ALLOWABLE COMBUSTIBLES: Vegetation waste originating on the premises and 

reasonably free of dirt, soil, and visible surface moisture.

202 BURN BARREL: A metal container used to hold disallowed combustibles, so that they 

can be ignited outdoors for the purpose of disposal.

203 COMBUSTIBLE: Any substance capable of burning or any substance that will readily 

burn.

204 CONSTRUCTION-DEMOLITION DEBRIS: Any material associated with the 

construction or demolition of any building, dwelling, or other man-made structures,

including but not limited to; lumber, tar paper, roofing material, wiring, flooring material, 

insulation, and plywood.

205 DISALLOWED COMBUSTIBLES: Any waste or manufactured material, including but 

not limited to petroleum products and petroleum wastes; construction and demolition 

debris; coated wire; putrescible (rotten wastes) and non-putrescible solid, semisolid and 

liquid materials or, wastes; tires; tar; tarpaper; non-natural wood waste; processed or 

treated wood and wood products; metals; motor vehicle bodies and parts; rubber; 

synthetics; plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; 

trash; refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured 

products; equipment; instruments; utensils; appliances; furniture; cloth; rags; paper or 

paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead animal; 

manure; human or animal parts or wastes, including blood; and fecal- and foodcontaminated material.

206 FIRE HAZARD REDUCTION BURNING: The burning of flammable vegetation that has 

been removed and cleared away from buildings or structures in compliance with local 

ordinances to reduce fire hazard pursuant to California Public Resources Code Section 

4291.

207 FIRE PROTECTION AGENCY: Any agency with the responsibility and authority to 

protect people, property, and the environment from fire, and having jurisdiction within the 

District.

208 FLAMMABLE: Capable of catching fire easily, or combustible.
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Rules and Regulations 301 - 4 Placer County APCD

209 INCINERATOR: Any device constructed of non-flammable materials, including 

containers commonly known as burn barrels, for the purpose of burning therein, trash, 

debris, and other flammable materials for volume reduction or destruction.

210 NO-BURN DAY: Any day on which agricultural burning, including prescribed burning, is 

prohibited by the ARB or the APCO.

211 OPEN BURNING OR OPEN OUTDOOR FIRE: Combustion Burning of any 

combustibles waste of any type, outdoors in the open air, where the products of 

combustion are not directed through a flue.

212 PERMISSIVE BURN DAY OR BURN DAY: Any day inon which agricultural burning 

including prescribed burning, is not prohibited by the ARB and/or the APCO.

213 PROCESSED OR TREATED WOOD AND WOOD PRODUCTS: Wood that has been 

chemically treated to retard rot or decay, or wood that has been modified with glues, 

laminates, stains, finishes, paints or glosses for use in furniture or for construction 

purposes, including but not limited to; plywood, particle board, fencing, or railroad ties.

214 RECREATIONAL OR COOKING FIRE

214.1 A recreational fire that is used for recreational purposes including campfires and 

bon fires as well as fires in fire pits and fire bowls and similar free-standing 

devices.

214.2 A cooking fire is an An open outdoor fire used for the cooking of food for human 

consumption.

215 RIGHT-OF-WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE 

BURNING: The use of fires for the disposal of vegetationve material, which may include 

standing green vegetation (e.g. grasses, weeds, brush and small trees), and wood waste 

debris for right-of-way clearing by a public entity or utility or for levee, ditch, or reservoir 

maintenance.

300 STANDARDS

301 PROHIBITIONS ON OPEN BURNING: Except as provided in Regulation 3, no person 

shall use an open outdoor fires (including the use of a burn barrel) for the purpose of 

disposal or burning of any disallowed combustibles.

302 ALLOWABLE COMBUSTIBLES: The only allowable combustibles that can be burned is

vegetation originating on the premises and which is reasonably free of dirt, soil, and 

visible surface moisture. The burning of poison oak (toxicodendron diversilobum) or 

oleander (nerium oleander) for disposal purposes may be prohibited or may be subject to 

additional permit conditions under Section 303.

303 FIRE HAZARD REDUCTION BURNING IN COMPLIANCE WITH LOCAL ORDINANCE: 

The burning of allowable combustibles in open outdoor fires, for disposal purposes, on 

the property where grown, is allowed when done in compliance with local ordinances to 

reduce fire hazard.

3034 BURN PERMITS

3043.1 A person shall not ignite, conduct, or allow open outdoor burning without first 

obtaining a valid burn permit from the District for the following:.

303.1.1 Fire Hazard Reduction

303.1.2 Mechanized Burner

303.1.3 Open Burning Conducted by Public Officers

303.1.4 Right of Way Clearing, Levee, Ditch and Reservoir Maintenance
February 109, 20121

Placer County APCD 301 - 5 Rules and Regulations

3034.2 If required, aA separate burn permit may also need to be obtained frombe 

required by the fire protection agency that has jurisdiction in the area of the 

proposed burn project.

303.3 The APCO may prohibit or may add additional specific burn permit conditions for 

the burning of poison oak (toxicodendron diversilobum) or oleander (nerium 

oleander) for disposal purposes.

3045 BURN PERMIT VALIDITY: No burn permit shall be construed to authorize open outdoor 

fires for any day during which:

3045.1 Agricultural burning is prohibited by the ARB or the APCOIt is a no-burn day.

3045.2 Open burning is prohibited by a fire protection agency for fire control or 

prevention.

3056 BURN DAYS: No person shall knowingly ignite, or allow ignition of allowable 

combustibles on no burn days when it is prohibited by the ARB or the APCO or when 

burning is prohibited by a fire protection agency.

3067 VEGETATIONMATERIAL PREPARATION AND DRYING TIMES: To assure rapid and 

complete combustion with a minimum of smoke, and to lower the moisture content of the 

vegetation material being burned, (from when the vegetation was cut and is to be 

burned), the following are drying times. for vegetation:

3076.1 No vegetation materialshall be burned unless it is reasonably free of disallowed

combustibles, dirt, soil, and surface moisture and then shall be burned in a 

manner to prevent excessive smoke. Excessive smoke is that which causes a 

nuisance.

3076.2 Vegetation Material stacked for burning shall not be burned unless it is stacked in 

such a manner to promote drying and ensure combustion with a minimum 

amount of smoke.

3076.3 A minimum of 15 days, of drying time, for fine prunings or cuttings, less than 3” in 

diameter, at the cut end.

3067.4 A minimum of three to six weeks, of drying time, for prunings or brush or small 

branches 3 to 6 inches in diameter, at the cut end.

3067.5 A minimum of six weeks, of drying time, for trees, stumps, and large branches,

greater than 6 inches in diameter, at the cut end. 

306.6 Stumps greater than 12 inches,where cut, must be split. Stumps must be free of 

dirt and rocks.Vegetation or stumps, greater than 12 inches in diameter, shall not 

be burned unless they are split smaller than 12 inches in diameter and are free of 

dirt.

307.6 Unwanted trees shall be felled and dried prior to the burn.

3087 APPROVED IGNITION DEVICES: All open outdoor fires as authorized by this Rule shall 

be ignited only with approved ignition devices. The vegetationmaterial to be burned 

should be ignited as rapidly as practicable within applicable fire control restrictions.

3089 WIND DIRECTION: Burning shall be curtailed when smoke is drifting into a nearby 

populated area or which is or may becomecreating a public nuisance or hazard.
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Rules and Regulations 301 - 6 Placer County APCD

3109 DETERMINATION OF AMOUNT BURNED DAILY: Only that amount of 

vegetationmaterial that can be reasonably expected to burn completely within the 

following 24 hours of ignition shall be ignited in any one day.

310 FIRE HAZARD REDUCTION BURNING IN COMPLIANCE WITH LOCAL ORDINANCE: 

The burning of allowable combustibles in open outdoor fires for disposal purposes on the 

property where grown is allowed when done for the purposes of compliance with local 

ordinances to reduce fire hazard.

311 MECHANIZED BURNER: The APCO may authorize by burn permit, open outdoor fires 

for the purpose of disposing of agricultural wastes or wood waste from trees, vines, 

bushes or other wood debris, free of non-wood materials, in a mechanized burner such 

that no air contaminant is discharged into the atmosphere for a period or periods 

aggregating more than 30 minutes in any eight (8) hour period which is:

311.1 As dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as 

published by the United States Bureau of Mines, or

311.2 Of such opacity as to obscure an observer's view to a degree equal to or greater 

than does smoke described in subsection 311.1 of this Rule.

311.3 In authorizing the operation of a mechanized burner the APCO may make the 

burn permit subject to whatever conditions are reasonably necessary to assure 

conformance with the standards prescribed in this Section, provided the 

requirements of subsSections 303304.1 and 304.2 are met. Section 3067, 

VegetationMaterial Preparation and Drying Times, does not apply.

312 OPEN BURNING CONDUCTED BY PUBLIC OFFICERS: With the exception of Section 

303, Burn Permits, nExcept as provided for under subsection 103.2.4, nNothing in this 

rule shall be construed as limiting the authority granted under other provisions of law to 

any public officer, such as fire, agricultural or health officer, to set or permit a fire when 

such a fire is, in the opinion of said officer, necessary for any of the following purposes:

312.1 The prevention of a fire hazard which cannot be abated by any other means.

312.2 The instruction of public employees and/or volunteer firemen in the methods of 

fighting fires.

312.3 To set or cause to be set backfires necessary to save life or valuable property 

pursuant to Section 4426 of the Public Resources Code.

312.4 The instruction of employees in methods of fighting fires on property used for 

industrial purposes.

312.5 Disease or pest prevention, where there is an immediate need and no 

reasonable alternative exists.

312.6 The abatement of fire hazards pursuant to H & S Code, Section 13055. Any 

public agency authorized to engage in fire protection activities, including but not 

limited to a fire protection district, city, city and county, or county fire department, 

the Department of Forestry, and the United States Forest Service, may use fire to 

abate a fire hazard.

312.7 The remediation of an oil spill pursuant to Section 8670.7 of the Government 

Code.

313 RIGHT-OF-WAY CLEARING, LEVEE, DITCH, AND RESERVOIR MAINTENANCE 

BURNING: The following conditions apply:
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Placer County APCD 301 - 7 Rules and Regulations

313.1 Disallowed combustibles must be removed prior to burning.

313.2 Vegetation has been prepared by stacking, drying, or other methods to that

promote combustion as specified by the District.

400 ADMINISTRATIVE REQUIREMENTS

401 BURN PERMIT APPLICATION INFORMATION

401.1 Type of burning;

401.2 Name and/or Business Name and address of the permittee;

401.3 Location of the proposed burn;

401.4 Distance to nearest residential area (in miles) from the proposed burn to the 

nearest neighboring home or structure;

401.5 The type of vegetationmaterial to be burned;

401.6 Acreage or estimated tonnage or size of pile of the vegetationmaterial to be 

burned;

401.7 Reason for burning;

401.8 Applicant’s signature with date signed. The applicant signing the burn permit 

shall read and attest to the accuracy of the information provided.

401.9 Each burn permit issued shall bear a statement of warning containing the 

following words or words of like or similar import: "THIS BURN PERMIT IS 

VALID ONLY FOR THOSE DAYS ON WHICH THE STATE AIR RESOURCES 

BOARD DOES NOT PROHIBIT AGRICULTURAL BURNING PURSUANT TO 

SECTION 41855 OF THE HEALTH AND SAFETY CODE."

401.10 The applicant or representative shall have the burn permit available for 

inspection at the burn site during the burn.

402 FIRE AGENCY DISCLOSURE: A permit shall not be issued to an applicant unless 

information is provided as required by the fire protection agency for fire protection 

purposes.

403402 REVOCATION OF A BURN PERMIT: The APCO, or his/her designee, may revoke a 

burn permit if it is found that the burn permit conditions, any state or federal laws, or the 

provisions of this Rule have been violated. The designated agency or the APCO shall 

notify the burn permit holder in writing of the revocation and the reasons therefore, 

service of the notification of revocation may be made by personal delivery or certified 

mail. In the case of service by mail, service shall be deemed complete at the time of 

deposit of the notification in the United States Ppost oOffice, or a mail box, sub-pPost 

Ooffice, substation, or mail chute, or other like facility.

4023.1 Within ten days after service of notice of revocation specified in Section 4023

above, the burn permit holder may petition the Hearing Board in writing for a 

public hearing. The Hearing Board, after notice and a public hearing held within 

30 days after filing the petition, may sustain or reverse the decision of the APCO

or the designated agency.

4034 BURN PERMIT FEES: Burn permits are valid only following receipt of the permit fees 

specified in Rule 607, BURN PERMIT FEES.
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Rules and Regulations 301 - 8 Placer County APCD

500 MONITORING AND RECORDS

501 BURN REPORTS

501.1 Public Officer Fire Hazard Reduction Burning Reporting: A fire hazardous

reduction burning condition report as required in subsection 103.2.1 shall be 

submitted if the fire hazard reduction exemption is employed. The report shall 

contain the location, type, and amount of vegetationmaterial burned, and 

information on the determination made that there is a fire or health hazardous

condition having an imminent effect on life or property, what is the threat to life 

and property is and the reason that alleviation of the threat requires such 

burning. The report shall provide other information as the APCO may reasonably 

require.
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Placer County APCD 301 - 9 Rules and Regulations

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